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're hearing, it was that lowest threshold. >> now, senator lindsey graham is saying there was misspelled paperwork in the form of misspelled names. which resulted in a failure to follow up these individuals. is it really possible that a simple spelling error may have caused a breakdown in the communication here? >> i -- short answer, i don't know in this case. however, i will tell you that transliteration, in particular from arabic, for example, translated to english, vice versa, at times can cause con nu confusion to the system but not a breakdown. >> the relationship between intelligence agencies here and russia and perhaps a lack of cooperation between the two. >> well, at least through my time in government, with most allied countries and even nominal allies, at the law enforcement level and intel, usually quite good. it's kind of a comrade in arms type approach. there is, however, though, martin, sometimes there are political considerations. we don't know if we have that here. but in this case, if there was something really compelling on the russian side, it brings up the question,
senator lindsey graham, specifically from senator john mccain for the suspect to be treated as an enemy combatant. how is legal action at this point most likely to move forward? >> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to seek that or not. there's an additional wrinkle here. he is an american citizen. he was a naturalized citizen last year oddly on 9/11 of last year, and there is an open legal question about whether even if the government wanted to, it could declare an american citizen captured on u.s. soil as an enemy combatant. it's an untested question. the government tried to do it in the case of jose padilla several years ago and as that case w
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